1.   Each Member State shall establish a list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area and shall notify that list to the Commission in computer readable form. The Commission shall forward the list promptly to the NAFO Secretariat.

2.   Each Member State shall inform the Commission in computer readable form, at least 15 days before the vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward this information promptly to the NAFO Secretariat.

3.   The list referred to in paragraph 2 shall contain the following information:

4.   For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall furthermore include:

1.   Member States may allow that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area to be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. Chartering arrangements involving vessels identified by NAFO or any other regional fisheries organisation as having been involved in IUU fishing shall, however, not be permitted.

2.   On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission which shall forward this information to the Executive Secretary of NAFO:

3.   When the charter arrangement ends, the flag Member State shall inform the Commission which shall promptly forward this information to the Executive Secretary of NAFO.

4.   The flag Member State shall act to ensure that:

5.   Member States shall report all catches and by-catches referred to in paragraph 4(c) to the Commission separately from other national catch data pursuant to Article 21. The Commission shall promptly forward this data to the Executive Secretary of NAFO.

1.   Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels is commensurate with the fishing opportunities available to that Member State in the NAFO Regulatory Area.

2.   Member States shall transmit to the Commission the fishing plan for their vessels fishing in the NAFO Regulatory Area no later than 31 January each year or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in these activities and the intended number of fishing days those vessels will spend in the NAFO Regulatory Area.

3.   Member States shall, on an indicative basis, inform the Commission of the intended activities of the vessels in other Areas.

4.   The fishing plan shall represent the total fishing effort to be deployed in the NAFO Regulatory Area in relation to the fishing opportunities available to the Member State making the notification.

5.   Member States shall, no later than 31 January each year, report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division.

1.   Member States shall ensure that information obtained by the vessel monitoring system (VMS) pursuant to Commission Regulation (EC) No 2244/2003 (14) concerning vessels flying their flag which fish in the NAFO Regulatory Area is transmitted electronically to the NAFO Secretariat on a real time basis.

2.   When an inspector observes a fishing vessel in the NAFO Regulatory Area for which he has not received VMS data in accordance with the Conservation and Enforcement Measures of NAFO, he shall promptly inform the master and the Executive Secretary of NAFO thereof.

1.   Community vessels shall not engage in transhipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent flag State authorities.

2.   Community vessels shall not engage in transhipment operations of fish from or to a Non-Contracting Party vessel which has been sighted or otherwise identified as having engaged in fishing activities in the NAFO Regulatory Area.

3.   Community vessels shall report each transhipment in the NAFO Regulatory Area to their competent authorities. Donor vessels shall make that report at least twenty-four hours in advance and receiving vessels not later than one hour after the transhipment.

4.   The report referred to in paragraph 3 shall include the time, the geographical position, the total round weight by species to be off-loaded or on-loaded in kilograms as well as the call sign of the vessels involved in the transhipment.

5.   The receiving vessel shall report, in addition to the total catch on board and the total weight to be landed, the name of the port and the expected time of landing at least 24 hours in advance of any landing.

6.   Member States shall promptly transmit the reports referred to in paragraph 3 and 5 to the Commission, which shall promptly forward them to the NAFO Secretariat.

1.   In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the fishing logbook the information listed in Annex IV.

2.   The masters of a Community vessel shall, in respect of catches of the species referred to in Article 15(1) of Regulation (EEC) No 2847/93, keep:

3.   The production logbook and stowage plan referred to in paragraph 2 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept onboard until the vessel has unloaded completely.

4.   The master of a Community vessel shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified.

5.   Member States shall every two years certify the correctness of the capacity plans for all vessels authorised to fish pursuant to Article 12. The master shall ensure that a copy of this certification remains onboard to be shown to an inspector upon request.

1.   All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisations of the market in fishery and aquaculture products (15), and in case of shrimp the date of capture, is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.

2.   All shrimp harvested in Division 3L and all Greenland halibut harvested in Sub-Area 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones.

3.   Taking into account consideration for the legitimate safety and navigational responsibilities of the master of the vessel, the following shall apply:

1.   The masters of Community fishing vessels shall send to the Fisheries Monitoring Centre (FMC) of their flag Member State catch reports in accordance with paragraph 2.

2.   Catch reports shall include:

3.   Each Member State shall, upon receipt, forward catch reports by computer transmission to the Commission which shall forward these reports to the NAFO Secretariat.

4.   The Member States shall record the data contained in the catch reports in the database referred to in Article 19(2) of Regulation (EEC) No 2847/93.

5.   The detailed rules for the format and the specifications for the transmissions referred to in paragraph 2 are laid down in Annex VII.

1.   Each Member State shall, in computer readable form, before the 15th of each month, notify the Commission of:

2.   The Commission shall compile the data referred to in paragraph 1 for all Member States and forward those data to the NAFO Secretariat within 30 days of the end of the calendar month in which the catches were made.

1.   Member States shall assign observers to all their fishing vessels engaged in or about to engage in fishing activities in the NAFO Regulatory Area. Observers shall remain on board the fishing vessels to which they are assigned until they are replaced by other observers.

2.   Except for reasons of force majeure, fishing vessels without an observer on board shall not be allowed to commence or continue fishing in the NAFO Regulatory Area.

3.   Observers shall be appropriately qualified and experienced. They shall possess the following skills:

4.   Member States shall take all appropriate steps to ensure that observers are received on board fishing vessels at the duly designated time and location and facilitate their departure at the termination of the observation period.

5.   Member States shall forward to the Commission a list of observers they have assigned pursuant to paragraph 1 by 20 January each year and, thereafter, immediately following the assignment of any new observer.

1.   Observers shall monitor the fishing vessel's compliance with the relevant conservation and enforcement measures of NAFO.

2.   All observation duties shall be confined to the NAFO Regulatory Area.

1.   Observers shall:

2.   When monitoring discards, by-catches and catches of undersized fish in accordance with paragraph 1(c), the observers shall collect the data on discards and retained undersized fish following, whenever circumstances permit, the following sampling scheme:

1.   Observers shall present a report, to the Commission and the competent authorities of the Member State which assigned them, within 20 days following the termination of each fishing trip. When an observer's assignment ends before the termination of the fishing trip, the report shall be presented to the Commission and the competent authorities of the Member State in respect of the period of the assignment within 20 days following the end of the assignment. The report shall summarise the main findings of the observer. The report shall be transmitted to the Commission which shall forward this report to the NAFO Secretariat.

2.   Observers shall report, within 24 hours, any evidence of a suspected serious infringement. Such reports shall be made to a NAFO inspection vessel in the NAFO Regulatory Area which shall report the suspected infringement to the Executive Secretary of NAFO. Observers shall use an established code when communicating to an inspection vessel.

1.   Observers shall take all appropriate steps to ensure that their presence on board fishing vessels does not hinder or interfere with the proper functioning of the vessels including fishing activities.

2.   Observers shall respect the property and equipment on board the fishing vessels including the confidentiality of all documents pertaining to the said vessels.

1.   Masters of Community fishing vessels shall receive the assigned observers and cooperate with them in order to allow them to discharge their duties while on board the vessels.

2.   The master of the vessel designated to receive an observer on board shall take all reasonable steps to facilitate the arrival and departure of the observer. While on board the observer shall be offered appropriate and adequate accommodation and working facilities.

3.   The master of the vessel shall permit the observer to have access to the vessel's documents (fishing logbook, production logbook, capacity plan, and stowage plan) and to different parts of the vessel, including, as required, to the retained catch and catch which is intended to be discarded, in order to facilitate the discharge of the observer's duties.

4.   The master shall be informed in good time of the date and location for receiving observers and the likely duration of the observation period.

5.   The master of the vessel observed may, on his own request, be provided with a copy of the observer's report referred to in Article 27(1).

1.   The competent authorities of the Member States receiving the report of the observer in accordance with Article 27 shall evaluate the contents and conclusions of that report.

2.   In the event that the report indicates that the vessel observed has engaged in fishing practices at variance with conservation and enforcement measures of NAFO, the authorities referred to in paragraph 1 shall take all appropriate action to investigate the matter in order to prevent the repetition of such practices.

1.   By way of derogation from the provisions of Article 23 Member States may permit fishing vessels flying their flag to commence and conduct fishing activities in the NAFO Regulatory Area without an assigned observer under the conditions laid down in this Section.

2.   Vessels may conduct fishing activities without an observer pursuant to paragraph 1 provided that the following requirements are fulfilled:

1.   Member States shall notify the names of the vessels intending to apply the provisions of this section to the Commission at the latest 30 days prior to the start of the fishing season.

2.   Member States shall keep the Commission informed of the names of the vessels applying the provisions of this Section and the period during which no observer is assigned onboard. The Commission shall promptly forward this information to the NAFO Secretariat.

3.   Member States with a vessel or vessels applying the provisions of this section shall permit the vessel to conduct fishing activities in the NAFO Regulatory Area without an observer for no more than 75 % of the time that the vessel or vessels are active in the Regulatory Area during the year.

4.   Member States shall ensure that there is a balance between vessels flying their flag with an observer and without an observer in the type of fishery in which the vessels are engaged.

1.   Masters of vessels and observers applying the provisions of this section shall transmit daily reports by Division.

2.   The daily reports shall be transmitted to the NAFO Secretariat through the flag State FMC no later than 12.00 UTC. The reporting period shall be from 00.01 hours to 24.00 hours of the previous day.

3.   The catch recorded in the daily report of the master shall correspond with the catches in the fishing logbook.

4.   The daily reports shall include as appropriate the amounts, by division, of the following categories:

5.   Formats for Daily Catch (CAX) and Observer Reports (OBR) are contained in Annex XIV(a).

6.   Observers onboard vessels applying the provisions of this section shall, in addition to their duties under Chapter III Section 2 report daily by electronic channels via the FMC to the NAFO Secretariat (OBR report) on their duties described in Article 26(1).

1.   The Commission and/or Member States shall assign inspectors to carry out surveillance and inspection in the NAFO Regulatory Area in accordance with the Conservation and Enforcement Measures of NAFO. They may also appoint trainees to accompany the inspectors.

2.   The Member States and the Commission shall ensure that inspectors carry out their duties in accordance with the rules laid down in the NAFO Scheme. Inspectors shall remain under the operational control of their competent authorities and shall be responsible to them.

3.   Each Member State and the Commission shall ensure that inspections by Community inspectors are conducted in a non-discriminatory manner and in accordance with the Conservation and Enforcement Measures of NAFO.

4.   The number of inspections shall be based on the size of the fleets of the Contracting Parties present in the NAFO Regulatory Area, taking into account the time spent in the Area, the level of catches and compliance records.

5.   In addition to their functions under the Conservation and Enforcement Measures of NAFO, inspectors shall inspect Community vessels in the NAFO Regulatory Area for compliance with any other Community conservation and control measure applying to those vessels.

6.   Inspectors may be placed onboard any Member State vessel engaged or about to be engaged in inspection duties in the NAFO Regulatory Area.

7.   Inspectors operating in the NAFO Regulatory Area shall on a regular basis coordinate their activities with other NAFO inspectors active in the NAFO Regulatory Area in order to exchange information on sightings and boarding or other relevant information.

1.   The Community Fisheries Control Agency shall coordinate the surveillance and inspection activities for the Community. It may draw up, in concert with the Member States concerned, joint operational surveillance and inspection programmes for that purpose. The Member States whose vessels are engaged in fisheries in the NAFO Regulatory Area shall adopt the necessary measures to facilitate the implementation of these programmes particularly as regards the human and material resources required and the periods and zones in which these resources are to be deployed.

2.   When drawing up joint operational surveillance and inspection programmes, the Community Fisheries Control Agency and Member States shall ensure that, where, at any time, more than 15 Community fishing vessels are engaged in fishing activities in the NAFO Regulatory Area, a Community inspection vessel is present in the Area or that an agreement has been concluded with another Contracting Party to ensure the presence of an inspection vessel.

3.   Member States shall inform the Community Fisheries Control Agency by 15 October each year of the names of the inspectors and the inspection vessels they are intending to assign to the NAFO Scheme during the following year. This notification shall include the name, the radio call sign and communication capacity for the assigned inspection vessels. Using this information the Community Fisheries Control Agency shall draw up, in collaboration with the Member States, a plan for Community participation in the NAFO Scheme in the following calendar year, which it shall send to the NAFO Secretariat and the Member States.

4.   Member States shall inform the Community Fisheries Control Agency electronically of the date and time of the start and end of the activities of inspection vessels.

1.   Inspectors shall carry out surveillance based on sightings of fishing vessels from a vessel assigned to the NAFO scheme. When an inspector observes a vessel of a Contracting Party of NAFO and such observation does not correspond to other information available to him, he shall record his findings in a surveillance report using the form set out in Annex XI and shall forward that report to his authorities. The report shall include photographs of the vessel which shall record the position, date and time the photographs were taken.

2.   Member States shall forward the surveillance report promptly, by electronic transmission, to the flag State of the sighted vessel or to the authorities designated by that State, as notified by the NAFO Secretariat, to the NAFO Secretariat and to the Commission. They shall also forward the original of each surveillance report to the flag State of the vessel concerned at its request.

3.   Member States shall, upon receipt of a surveillance report concerning its vessels, take prompt action on it and conduct any further investigation necessary to allow them to determine appropriate follow up.

4.   Member States shall by 15 February each year report to the Commission on the action taken with regard to surveillance reports involving their vessels during the previous year. In cases where the follow up action results in the imposition of penalties, those penalties shall be described in specific terms. The Commission shall forward this information to the NAFO Secretariat by 1 March each year.

1.   When conducting an inspection during daylight hours in conditions of normal visibility, inspection vessels shall display a NAFO pennant to show that inspectors are carrying out an inspection under the NAFO Scheme. Boarding vessels shall also display a pennant, which may be half scale.

2.   Inspections of vessels engaged in research shall be limited to ascertaining that the vessel is not conducting a commercial fishing operation.

3.   Inspectors shall not interfere with the ability of masters to communicate with the authorities of their flag State during boarding and inspection.

4.   Inspection vessels shall manoeuvre at a safe distance from the fishing vessel in accordance with the rules of good seamanship.

5.   Inspectors shall avoid the use of force save where and to the extent that it is necessary to ensure their safety. When conducting inspections on board fishing vessels, inspectors shall not carry firearms.

6.   Inspections shall be conducted in a manner such as to cause the least disturbance or inconvenience to the vessel, its activities and catches.

1.   Inspectors and trainees shall carry and produce a document of identity issued by the NAFO Secretariat when boarding a fishing vessel.

2.   Inspectors shall not board a vessel without prior notice being given by radio to the vessel or without the vessel being given the appropriate signal using the International Code Signal, including details of the inspection team and inspection platform.

3.   Inspectors shall not require the vessel that is being boarded to stop or manoeuvre during fishing, or to stop the shooting or hauling of fishing gear. Inspectors may, however, require the interruption or delay of the shooting of gear until they have boarded the vessel but in any event this delay shall not last more than 30 minutes after the signal referred to in paragraph 2 has been received.

1.   Inspection teams shall comprise no more than two inspectors. When vessel conditions so permit, an inspection trainee may accompany the inspectors and shall be identified to the master of the fishing vessel. The trainee's activities shall be limited to the observation of the inspection conducted by the inspectors.

2.   The inspection shall not exceed three hours or the period until the net and catch are hauled in and inspected, whichever is longer. Where an infringement is detected, inspectors may remain on board for the period necessary to complete their duties as referred to in Article 48 and in Article 51. The inspector shall leave the vessel within one hour following the completion of the original inspection or following the completion of their duties pursuant to Article 48, as the case may be.

3.   Precautions shall be taken to avoid causing damage to packaging, wrapping, cartons, or other containers and content. Cartons and containers shall be opened in such a way that will facilitate prompt resealing, re-packing and re-storage.

4.   Inspectors shall convert production weight recordings in the production logbooks into live weight to allow for a verification of logbook entries which are made in live weight. Inspectors shall be guided by the conversion factors used by the master of the vessel.

5.   Inspectors shall be authorised to examine all relevant areas, decks and rooms of the fishing vessel, processed and unprocessed catches, nets and other gear, equipment and any relevant documents which are necessary for verifying compliance with the Conservation and Enforcement Measures of NAFO.

6.   In carrying out their inspection, inspectors may ask the master for any assistance they may require. The master may comment on the inspection report, which must be signed by inspectors on completion of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel.

1.   Inspectors shall draw up an inspection report using the form set out in Annex IX and forward it to their authorities.

2.   Inspectors shall summarise from logbook records, for the current fishing trip, the vessel's catch in the NAFO Regulatory Area by species and by Division and shall record this summary in point 14 of the inspection report.

3.   In the event of a difference between the recorded catches and the estimates of the inspector, the inspector may re-check calculations, procedures, the relevant documentation and the catch onboard the vessel. Any such differences shall be noted in point 18 of the inspection report.

1.   The Member State carrying out an inspection shall send the original NAFO inspection report drawn up in accordance with Article 45(1) to the Commission within 20 days after the return of the inspection vessel to port. The Commission shall forward it to the flag State of the inspected vessel with a copy to the NAFO Secretariat within 30 days after the return of the inspection vessel to port.

2.   In case of an infringement or difference between the recorded catches and the inspectors estimates of the catches onboard, the original inspection report with supporting documents, including copies of photographs taken, shall be sent to the Commission as soon as possible after the return of the inspection vessel to port. The Commission shall forward this documentation to the flag State of the inspected vessel with a copy to the NAFO Secretariat within 10 days after the return of the inspection vessel to port.

3.   The inspector shall in the situation referred to in paragraph 2 also issue a statement constituting an advance notification of the presumed infringement. That statement shall quote the information entered under points 16, 18 and 20 of the inspection report and describe in detail the basis for issuing the citation for an infringement and the evidence in support thereof. The Community inspector shall send the statement within the working day following the inspection to the flag State and the NAFO Secretariat via the Commission.

4.   Inspectors shall provide the Commission on a 10 day basis with a list of vessels inspected. The Commission shall on a monthly basis establish a list of inspected vessels and forward this list to the NAFO Secretariat.

1.   Where inspectors find an infringement of the Conservation and Enforcement Measures of NAFO, they shall:

2.   Inspectors may request that the master remove any part of the fishing gear which appears to be contrary to the Conservation and Enforcement Measures of NAFO. The inspector shall affix a NAFO inspection seal in accordance with Annex X securely to any part of the gear which appears to be in contravention and record this fact in the inspection report. The gear shall be preserved with the seal attached until examined by the competent authorities of the Contracting Party of the vessel.

1.   The competent authorities of a Member State notified of an infringement committed by one of its vessels shall investigate that infringement immediately and fully to obtain the evidence required which shall include, where appropriate, the physical inspection of the vessel concerned.

2.   The competent authorities of the Member State shall take immediate judicial or administrative action in accordance with their national legislation against the nationals responsible for the vessel flying its flag where the measures adopted by NAFO have not been respected.

3.   The competent authorities of the flag Member State shall ensure that the proceedings initiated pursuant to paragraph 2 are capable, in accordance with the relevant provisions of national law, of providing effective measures that are adequate in severity, secure compliance, deprive those responsible of the economic benefit of the infringement and effectively discourage future infringements.

1.   Where inspectors cite a vessel for having committed a serious infringement as listed in Article 51, they shall promptly notify the flag State, their own authorities, the Commission and the NAFO Secretariat thereof.

2.   In the case of a serious infringement, inspectors shall take all necessary steps to ensure the security and continuity of the evidence, including as appropriate, sealing the vessel's hold for the following port inspection. At the request of the inspector, the master shall cease all fishing activities which according to the inspector constitute a serious infringement.

3.   As long as the inspector remains onboard, the master may not resume fishing until the inspector is reasonably satisfied, as a result of either the action taken by the vessel's master or the inspector's communication with an inspector or competent authority of the flag State of the inspected vessel, that the serious infringement will not be repeated.

4.   Inspectors may remain on board a fishing vessel for the period necessary to obtain the relevant information concerning the infringement. During this time the inspectors shall complete the inspection and shall thereafter leave the vessel. However, inspectors may remain on board the vessel if they succeed in establishing communications with the competent authorities of the Contracting Party of the inspected vessel and those authorities agree. If they are unable within a reasonable period of time to communicate with those competent authorities, they shall leave the inspected vessel and shall communicate as soon as possible with them.

5.   The Member State or the Commission carrying out the inspection shall take a decision, with the consent of the flag State, on whether the inspector remains on board during a re-routing of the vessel in accordance with Article 54(1). The Member State and the Commission carrying out the inspection shall decide also whether an inspector shall be present during the thorough inspection of the vessel in port in accordance with Article 53(3). Member States shall inform the Commission promptly of the decisions they take in accordance with this paragraph.

1.   Where a flag Member State receives information from an inspector that a serious infringement is suspected to have been committed by a fishing vessel flying its flag or where the Commission receives such information, the flag Member State and the Commission shall inform one another thereof without delay.

2.   After being notified by another Contracting Party of a serious infringement committed by a Community vessel, the flag Member State in cooperation with the Commission shall ensure that the vessel is inspected within 72 hours by a duly authorised inspector.

3.   The duly authorised inspector shall board the fishing vessel concerned and examine the evidence of the suspected infringement, and forward as quickly as possible to the competent authority in the flag Member State and the Commission the results of this examination.

1.   Following notification of the results and where the suspected infringement is of a serious nature, the flag Member State of the inspected vessel shall, if the situation so warrants, within 24 hours, itself require or authorise the duly authorised inspector to require the vessel to proceed to a designated port. This port should be St Johns or Halifax, Canada, St Pierre, France, or its home port, unless another port is designated by the flag Member State.

2.   The 24 hour time limit referred to in paragraph 1 may be extended by the Commission upon a written request of the flag Member State, up to a maximum of 72 hours.

3.   Where the flag Member State does not require the vessel to be re-routed to a port, it shall immediately inform the Commission of the reasons for its decision. The Commission shall notify the NAFO Secretariat in due course of that decision and its justification.

1.   On arrival in the designated port, the vessel suspected of having committed a serious infringement shall undergo a thorough inspection under the authority of its flag Member State and in the presence of an inspector from any other Contracting Party which wishes to participate. The port inspection report in Annex XII shall be used.

2.   The flag Member State shall inform the Commission promptly of the outcome of the thorough inspection and of the measures it has adopted as a result of the infringement, including measures taken to prevent a repetition of the infringement.

1.   In addition to the provisions of this section, in particular Articles 54 and 55, the flag Member State shall take action under this Section where a vessel flying its flag has committed one of the following serious infringements:

2.   The flag Member State shall ensure that following the inspection referred to in paragraph 3 the vessel concerned ceases all fishing activities and an investigation into the serious infringement is initiated.

3.   If no inspector or other person designated by the flag Member State of the vessel to carry out the investigation as outlined in paragraph 1 is present in the Regulatory area, the flag Member State shall require the vessel to proceed immediately to a port where the investigation can be initiated.

4.   When completing the investigation for any serious infringement of mis-recording of catch referred to in paragraph 1(b), the flag Member State shall ensure that the physical inspection and enumeration of total catch on board takes place under its authority in port. Such inspection may take place in the presence of an inspector from any another Contracting Party that wishes to participate, subject to the consent of the flag Member State.

5.   When a vessel is required to proceed to port pursuant to paragraphs 2, 3 and 4, an inspector from another Contracting Party may board and/or remain on board the vessel as it is proceeding to port, provided that the competent authority of the Member State of the inspected vessel does not require the inspector to leave the vessel.

1.   Each flag Member State shall take enforcement measures with respect to a vessel, where it has been established in accordance with its laws that this fishing vessel flying its flag committed a serious infringement referred to in Article 56.

2.   The measures referred to in paragraph 1 may include, in particular depending on the gravity of the offence and in accordance with the pertinent provisions of national law:

3.   The flag Member State of the vessel concerned shall notify the Commission without delay of the appropriate measures taken in accordance with this Article. Based on this notification, the Commission shall notify the NAFO Secretariat of those measures.

1.   In case of a serious infringement referred to in Article 56, the Member State concerned shall provide the Commission with a report on the progress of the investigation, including details of any action taken or proposed to be taken in relation to the serious infringement as soon as practicable and in any case within three months following the notification of the infringement and a report on the outcome of the investigation when the investigation is completed.

2.   The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report on the progress of the investigation to the NAFO Secretariat within four months following the notification of the infringement and as soon as possible the report on the outcome of the investigation when the investigation is completed.

1.   Inspection and surveillance reports drawn up by NAFO inspectors shall constitute admissible evidence for judicial or administrative proceedings of any Member State. For establishing facts, those reports shall be treated on the same basis as inspection and surveillance reports of their own inspectors.

2.   Member States shall collaborate in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under this scheme, subject to the rules governing the admissibility of evidence in domestic judicial and other systems.

1.   Member States shall each year forward to the Commission by 25 January for the period 1 July to 31 December, and by 25 August for the period 1 January to 30 June, a report containing the following information:

2.   The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report to the NAFO Secretariat by 1 February and 1 September each year.

1.   Each Member State shall report to the Commission by 15 February each year for the previous calendar year on:

2.   The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report to the NAFO Secretariat by 1 March each year.